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BAH (Basic Allowance For Housing)

What is BAH?

Basic Allowance for Housing is the newest description of a military course dating from 1878 in which service associates are supplied administration quarters or a money replacement when quarters are busy. Over nine hundred thousand service associate posted in the United States obtain BAH. Service associates with relatives could get quarters on the base or a BAH (basic allowance for housing) to lend a hand and pay for lease or mortgage off base. Listed below are five of the top BAH Questions that have been answered by the Experts.

If someone lives in military housing, will the military add BAH to the party’s child support even though they do not even receive that money?

Child support decisions determined by each state and sources of income. If someone is getting a benefit that could be utilized as income, the court could use that as means of support and take that into consideration when deciding how much the individual needs to be obligated to pay out in support.

If someone is entitled to BAH benefits but are not receiving it from their spouse what right do they have to collect?

The individual could get in touch with the commanding officer. The commanding officer could make sure that the spouse abides by the services rules concerning payment of BAH to aid dependents.

If someone is an E3 that had an annulment, are they entitled to BAH?

Individuals cannot obtain BAH if they are not married. The individual would need to tell the Military at the time of the divorce or annulment and they would discontinue the benefit. If the person receiving the benefit does not turn in that they are no longer married, this could be considered fraud. The divorce will not call for returning the BAH that the individual legally collected throughout the duration of their marriage.

Can someone be ordered to pay child support while they are deployed if their spouse is already receiving BAH?

In most cases, it would be hard to file a motion for child support while someone is deployed, simply because they would have to get a order for child support and in order to do that the person would need to be served a subpoena. As well the spouse would have to show the court that the BAH benefit is not adequate child support. As well, the Service Members Civil Relief Act provides you protection from being "hauled into court" for just this reason (to protect you and allow you to focus on your job while deployed).

If someone submitted a Stop BAH Request, and it was not processed by the clerk at HQ, it took 24 months for DFAS to finally process the request to stop. Now the person has a huge debt to DFAS, can they set up a payment arrangement? Or, will they just get a no pay due until the debt is paid off?

In most cases, DFAS should allow the individual to make monthly payments if it can be proven that it was not the person’s fault that the request was not processed in a timely manner. The individual could also appeal this throughout the individual’s chain of command to support the appeal then the DFAS would possibly agree.

BAH also known as basic allowance housing is a very complex topic with many legal implications that some in the Military may not know all the laws. Many times consulting an Expert on the matter may help bring better understanding.
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